OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY & OTHER LAW ENFORCEMENT OFFICES
“PUBLIC BIDDING OF QUARTERLY CY 2015 GENERAL OFFICE SUPPLIES REQUIREMENT FOR THE OFFICE OF THE DEPUTY OMBUDSMAN-MOLEO”
TABLE OF CONTENTS
Section I. Invitation to Bid 3
Section II. Instruction to Bidders 6
Section II. Instructions to Bidders 8
Section III. Bid Data Sheet 34
Section IV. General Conditions of the Contract 41
Section V. Special Conditions of Contract 55
Section VI. Schedule of Requirements 58
Section VII. Technical Specifications 59
Section VIII. Bidding Forms 62
Section I. Invitation to Bid
Republic of the Philippines
OFFICE OF THE OMBUDSMAN
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
Agham Road, Diliman, Quezon City, 1104
INVITATION TO BID
“PUBLIC BIDDING OF QUARTERLY CY 2015 GENERAL OFFICE SUPPLIES REQUIREMENT FOR THE OFFICE OF THE DEPUTY OMBUDSMAN-MOLEO”
1. The Office of the Deputy Ombudsman – MOLEO through the General Appropriations Act for CY 2015 intends to apply the sum of ONE MILLION ONE HUNDRED THIRTY TWO THOUSAND THREE HUNDRED FORTY PESOS (Php1,132,340.00) being the Approved Budget for the Contract (ABC) as payment for the procurement of Quarterly CY 2015 General Office Supplies Requirement for the Office of the Deputy Ombudsman – MOLEO (PB-2015-04). Bids received in excess of the ABC shall be automatically rejected at bid opening.
2. The Office of the Ombudsman now invites bids for the Quarterly CY 2015 General Office Supplies Requirement for the Office of the Deputy Ombudsman – MOLEO, categorized as follows:
OBJECT OF BIDDING / Bidding FeesLot Nos. / Particulars / Approved Budget for the Contract (ABC) in Php / (Non-Refundable) in Php
Lot 1 / General Office Supplies / 278,020.00 / 500.00
Lot 2 / Copy Paper Supplies / 229,000.00 / 500.00
Lot 3 / Toners/Ink Cartridges compatible for Computer Printers ( HP, Canon & Brother) / 625,320.00 / 500.00
Total ABC for Lots 1 to 3 / 1,132,340.00 / 1,500.00
Delivery of goods is required within thirty (30) calendar days upon issuance of the Notice to Proceed. Bidders should have completed, within five (5) years from the date of submission and receipt of bids, a contract similar to the Project, equivalent to at least fifty percent (50%) of the ABC. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II, Instructions to Bidders.
3. Bidding will be conducted through open competitive bidding procedures using a non-discretionary “pass/fail” criterion as specified in the Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act”.
Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA 5183 and subject to Commonwealth Act 138. Interested bidders should be enrolled in the Electronic Filing and Payment System (eFPS) program of the Bureau of Internal Revenue (BIR), pursuant to Executive Order No. 398, RR 3-2005, and must be registered under the Philippine Government Electronic Procurement System (PhilGEPS).
4. Interested bidders may obtain further information from the Office of the Deputy Ombudsman – MOLEO and inspect the Bidding Documents at the address given below from Monday to Friday, 8:00 a.m. to 5:00 p.m.
A complete set of Bidding Documents may be purchased by interested Bidders starting September 1, 2015 to September 21, 2015, from the address below and upon payment of a non-refundable fee for the Bidding Documents in the amount of P1,500.00.
It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) provided that Bidders shall pay the non-refundable fee for the Bidding Documents not later than the submission of their bids.
5. The Office of the Deputy Ombudsman – MOLEO will hold a Pre-Bid Conference on September 7, 2015, 1:30 p.m. at the FFIB-MOLEO Hearing Room, 3rd Floor, Ombudsman Building, Agham Road, Quezon City which shall be open to all interested parties.
6. Bids must be delivered to the address below on or before September 21, 2015, 1:00 p.m. All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 18. Late bids shall not be accepted.
Bid opening shall be on September 21, 2015, 1:30 p.m. at the FFIB-MOLEO Hearing Room, 3rd Floor, Ombudsman Building, Agham Road, Quezon City. Bids will be opened in the presence of the Bidder’s representatives who choose to attend at the address stated below.
7. Please refer to the table below for the cost of the bidding documents and summary of bidding activities:
COST OF BIDDING DOCUMENTS / P 1,500.00 (non-refundable)INSPECTION/SELLING PERIOD OF BIDDING DOCUMENTS / September 1, 2015 to September 21, 2015
BAC Secretariat Office 3rd flr., Ombudsman Bldg.
PRE-BID CONFERENCE / September 7, 2015, 1:30 p.m.
FFIB-MOLEO Hearing Room, 3rd flr., Ombudsman Bldg.
DEADLINE OF SUBMISSION OF BIDS
(Late bids shall not be accepted) / On or before September 21, 2015, 1:00 p.m.
BAC Secretariat Office
3rd flr., Ombudsman Bldg.
Agham Road, Quezon City
OPENING OF BIDS / September 21, 2015, 1:30 p.m.
FFIB-MOLEO Hearing Room,
3rd flr., Ombudsman Bldg.
Agham Road, Quezon City
8. The Office of the Deputy Ombudsman - MOLEO reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to contract award, without thereby incurring any liability to the affected bidder or bidders.
For further information, please refer to:
BIDS AND AWARDS COMMITTEE SECRETARIAT (MOLEO)
3rd Floor Ombudsman Building,
Agham Road North Triangle, Diliman Quezon City 1104
É (02)926-87-44 /Ê (02)479-73-00 loc. 316
www.ombudsman.gov.ph
DENNIS L. GARCIA
Director, CIPAAB
Chairperson, Bids and Awards Committee
Section II. Instruction to Bidders
TABLE OF CONTENTS
A. General 8
1. Scope of Bid 8
2. Source of Funds 8
3. Corrupt, Fraudulent, Collusive, and Coercive Practices 8
4. Conflict of Interest 10
5. Eligible Bidders 11
6. Bidder’s Responsibilities 12
7. Origin of Goods 14
8. Subcontracts 14
B. Contents of Bidding Documents 14
9. Pre-Bid Conference 14
10. Clarification and Amendment of Bidding Documents 15
C. Preparation of Bids 15
11. Language of Bid 15
12. Documents Comprising the Bid: Eligibility and Technical Components 16
13. Documents Comprising the Bid: Financial Component 17
14. Alternative Bids 18
15. Bid Prices 18
16. Bid Currencies 20
17. Bid Validity 20
18. Bid Security 20
19. Format and Signing of Bids 23
20. Sealing and Marking of Bids 23
D. Submission and Opening of Bids 24
21. Deadline for Submission of Bids 24
22. Late Bids 24
23. Modification and Withdrawal of Bids 24
24. Opening and Preliminary Examination of Bids 25
E. Evaluation and Comparison of Bids 26
25. Process to be Confidential 26
26. Clarification of Bids 26
27. Domestic Preference 27
28. Detailed Evaluation and Comparison of Bids 28
29. Post-Qualification 29
30. Reservation Clause 30
F. Award of Contract 31
31. Contract Award 31
32. Signing of the Contract 32
33. Performance Security 32
34. Notice to Proceed 33
Section II. Instructions to Bidders
A. General
1. Scope of Bid
1.1. The procuring entity named in the Bid Data Sheet (BDS) (hereinafter referred to as the “Procuring Entity”) wishes to receive bids for supply and delivery of the goods as described in Section VII. Technical Specifications (hereinafter referred to as the “Goods”).
1.2. The name, identification, and number of lots specific to this bidding are provided in the BDS. The contracting strategy and basis of evaluation of lots is described in ITB Clause 28.
2. Source of Funds
The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the contract.
3. Corrupt, Fraudulent, Collusive, and Coercive Practices
3.1. Unless otherwise specified in the BDS, the Procuring Entity as well as the bidders and suppliers shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the Procuring Entity:
(a) defines, for purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019.
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.
(iii) “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels.
(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or
(bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.
(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract.
3.2. Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in Instructions to Bidder Clause 3.1(a).
3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3.
4. Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (f) below:
(a) A Bidder has controlling shareholders in common with another Bidder;
(b) A Bidder receives or has received any direct or indirect subsidy from any other Bidder;
(c) A Bidder has the same legal representative as that of another Bidder for purposes of this bid;
(d) A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;
(e) A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; or
(f) A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid.
4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons:
(a) If the Bidder is an individual or a sole proprietorship, to the Bidder himself;
(b) If the Bidder is a partnership, to all its officers and members;
(c) If the Bidder is a corporation, to all its officers, directors, and controlling stockholders; and
(d) If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate.
Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder.
5. Eligible Bidders
5.1. Unless otherwise provided in the BDS, the following persons shall be eligible to participate in this bidding: